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(영문) 부산지방법원 2018.08.17 2017고정651
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the owner of a singing practice hall located in Ping-gu Busan, and the singing practice room business operator shall not sell or provide alcoholic beverages to customers.

1. The Defendant, from around 23:00 on February 10, 2016 to around 02:02 following the day, sold alcoholic beverages by receiving a total of KRW 400,000 to customers E in a singing practice place and providing beer, beer, and beer, etc.

2. On May 11, 2016, from around 20:00 to around 21:01 on the same day, the Defendant sold alcoholic beverages by receiving a total of KRW 150,000 won from customers F in D’s singing practice place and providing them with an alcoholic beverage of KRW 150,00 to 15.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made to E and F;

1. Inquiry into details of transactions of deposits in free savings;

1. Photographs of the credit sales slip of our card;

1. Application of Acts and subordinate statutes to photographs at singing places;

1. Article 34 (3) 2 and Article 22 (1) 3 of the Act on the Promotion of Music Industry concerning facts constituting an offense; and Articles 34 (1) 2 and 22 (1) 3 of the same Act (Selection of each fine);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act, which is the order of provisional payment;

1. The defendant is the defendant in charge of singing practice room business located in the Geum-gu Busan Metropolitan City, and no person shall engage in any act of entertainment for customers by singing or dancing in the singing practice place or arrange other persons to commit such act for profit.

A. On February 10, 2016, from around 23:00 to around 02:02 following the day, the Defendant arranged female entertainment loans to E in a singing practice place.

B. On May 11, 2016, from around 20:00 to 21:01 on the same day, the Defendant arranged customers F with an in-name female entertainment loan to customers.

2. The evidence that corresponds to this part of the facts charged is written by E, G, and F in investigative agencies and in this court.

However, the evidence adopted and examined by this court and this court.

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